The following regulations shall apply to small box discount retail stores in any Business and Industrial Zoning District.
(a) Purpose. The regulations of this section are established to regulate the location of small box discount retail stores for the purposes of protecting neighborhoods from negative secondary effects created by the concentration or clustering of such businesses and to ensure the availability of fresh produce and fresh food across the city. Furthermore, the regulations are established to avoid and reduce over-concentration and to maintain cleanliness for the health, safety and general welfare of residents within our neighborhoods.
(b) Definitions. For purposes of this section:
(1) "Small Box Discount Retail Store" means a retail store of between three thousand (3,000) and fifteen thousand (15,000) square feet that dedicates less than fifteen percent (15%) of shelf space to fresh or fresh frozen foods and produce and sells at retail an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premise consumption, personal grooming and health products, household goods and other consumer products that generally cost less than ten dollars ($10.00).
(2) Exclusions. For purposes of this section, "small box discount retail store" does not include retail stores that dedicate less than five percent (5%) of shelf space to food sales, sell gasoline or diesel fuel, contain a prescription pharmacy or dedicate at least fifteen percent (15%) of shelf space to fresh or fresh frozen foods and produce.
(c) Spacing. No small box discount retail store shall be established on a lot or lots within ten thousand five hundred and sixty (10,560) feet (two (2) miles) of another lot or lots containing an existing small box discount retail store. No two (2) small box discount retail stores shall be located in the same building or on the same lot. Such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot or lots accommodating the proposed small box discount retail store and the lot or lots from which the existing small box discount retail store is located. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms or any other topographic feature.
(d) Maps Maintained in the Office of the Department of Planning. The Director of Planning shall maintain a map of existing Small Box Discount Retail Store locations and other information necessary to determine compliance with the spacing regulations under subsection (c) of this section.
(e) Floor and Shelf Plan Required. For any small box discount retail store subject to Chapter 1148.14(c), a Floor and Shelf Plan shall be submitted as part of its Building Permit application in addition to any other required plans and information, and shall contain each of the following:
(1) The amount of shelf space dedicated to food sales and the amount of shelf space dedicated to fresh or fresh frozen foods and produce; and
(2) The types of goods, products, or merchandise to be sold and the general cost of such items.
(f) Maintenance. The owner and/or operator of a small box discount retail store shall comply with applicable provisions of these codified ordinances regarding maintenance of the premises and shall comply with the following:
(1) Keep the exterior of the site including the sidewalks and tree lawns abutting the property free of litter and debris; and
(2) Provide one (1) or more solid waste containers located directly outside the primary entrance for the placement of paper, wrappers, and other items by customers and others. Such containers shall be maintained in good condition and be of suitable capacity to sufficiently contain litter and debris between scheduled waste collections.
(h) Site Plan Approval. Applicants are encouraged to discuss their small box discount retail development project with the Director of Planning prior to submitting an application and/or obtaining the approval of the Site Plan Review Committee; as established in Section 1195.07, which shall consider, but not be limited to, the applicable standards set forth in:
(1) Chapter 1177 Traditional Neighborhood Design Standards. Applicants are encouraged to follow the Traditional Neighborhood Design Standards for small box discount retail development to ensure better site design that is consistent with the character of the surrounding properties and areas.
(2) Chapter 1178 Pedestrian Overlay (PO) Districts. The PO District is established to foster a high level of walkability and design quality for Canton's Target Investment Zones (TIZ) urban streets. The PO will do this by requiring pedestrian-oriented building features, preserving and enhancing the architectural character of new and existing buildings and protecting public safety by minimizing conflicts between vehicles and pedestrians.
(3) Chapter 1179 The Urban Form Overlay (UFO) District. The UFO District is established to foster the development of dense, vibrant, mixed-use neighborhoods that encourage a quality pedestrian experience; that maintains the economic viability of older neighborhoods and retail districts by preserving the pedestrian-oriented character. The UFO achieves this goal for the urban environment by setting forth requirements for consistent street walls, pedestrian-oriented building features, minimizing conflicts between vehicles and pedestrians and screening of off-street parking and service areas.
(Ord. 78-2024. Passed 4-15-24.)